R. Subhash Reddy, J.

This appeal is filed under Section 19(1) of the Family Courts Act, 1984, aggrieved by the order, dated 25.09.2012, passed by the learned Judge, Additional Family Court, Hyderabad, dismissing O.P.No.1464 of 2010, filed by the appellant herein under Section 25 of the Guardians and Wards Act, 1890 for custody of minor daughter Baby Habeebunissa.

It was the case of the appellant before the Family Court that the marriage between the appellant and respondent took place as per Muslim rites on 15.06.2003 at Hyderabad and out of their wedlock, a female child by name Habeebunissa was born to them on 29.04.2004. At the time of filing O.P. in the year 2010, it is stated that the child was aged about 8 years. The respondent filed a petition for divorce in O.P.No.605 of 2006 on the file of Family Court, Hyderabad and the same was allowed on 17.07.2008, dissolving the marriage between the appellant and the respondent. Thereafter, the respondent filed C.C.No.553 of 2004 against the appellant and the same was dismissed, so also an application in D.V.C.No.9 of 2007 was filed on the file of learned IV Additional Chief Metropolitan Magistrate Court, Hyderabad. It is ple